Case information

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings

Date	Proceeding	Filed By (if applicable)
2003-05-14	Appeal closed
2003-05-13	Decision on the motion for a re-hearing of the appeal, CJ G Ia Ma Ba Bi Arb LeB De, The application for an extension of time is granted. The application for a re-hearing from the judgment of the Supreme Court of Canada dated December 20, 2001 is dismissed with costs. Dismissed, with costs
2003-05-13	Decision on motion to extend time, CJ G Ia Ma Ba Bi Arb LeB De, The application for an extension of time is granted. The application for a re-hearing from the judgment of the Supreme Court of Canada dated December 20, 2001 is dismissed with costs. Granted
2003-03-18	Reply to the response to the motion for a re-hearing of the appeal, 11 copies (sent to the judges April 3/03)	Tom Dunmore
2003-03-17	Order on motion to extend time
2003-03-17	Decision on motion to extend time, to serve and file the respondent, Fleming Chicks', response to the motion for rehearing to March 3, 2003, Reg Granted
2003-03-14	Submission of motion to extend time, Reg
2003-03-14	Response to motion to extend time, from Martin Doane (fax copy), Completed on: 2003-03-14	Tom Dunmore
2003-03-14	Motion to extend time, to file the response to the re-hearing to March 3, 2003, Completed on: 2003-03-14	Fleming Chicks
2003-03-03	Response to the motion for a re-hearing of the appeal, 15 copies (service copy filed 03/04/03)(extension of time requested), Completed on: 2003-03-14	Fleming Chicks
2003-02-26	Correspondence received from, A D'Silva dated Feb. 26, 2003 (fax copy) re: will be filing a response to the motion for reconsideration by March 3, 2003	Fleming Chicks
2003-02-25	Submission of motion to extend time, re: 2nd re-hearing, CJ G Ia Ma Ba Bi Arb LeB De
2003-02-25	All material on motion for a re-hearing of the appeal submitted to Justices, (2nd re-hearing), CJ G Ia Ma Ba Bi Arb LeB De
2003-02-20	Response to the motion for a re-hearing of the appeal, (Letter Form), from S. Barrett dated Feb. 20, 2003 (fax copy)(sent to the judges on Feb. 25, 2003), Completed on: 2003-02-20	Canadian Labour Congress
2003-02-14	Response to the motion for a re-hearing of the appeal, (sent to the judges on Feb. 25, 2003), Completed on: 2003-02-14	Attorney General for Ontario
2003-02-03	Motion to extend time, to file the motion for re-hearing (included in re-hearing), Completed on: 2003-02-03	Tom Dunmore
2003-02-03	Motion for a re-hearing of the appeal, 13 copies (second re-hearing) - book form (sent to the judges on Feb. 25, 2003), Completed on: 2003-02-26	Tom Dunmore
2002-10-07	Notice of deposit of judgment sent to all parties
2002-10-07	Notice of deposit of judgment sent to all parties
2002-06-14	Formal judgment sent to the registrar of the court of appeal and all parties, ON REHEARING
2002-04-29	Copy of formal judgment being prepared
2002-04-09	Notice of deposit of judgment on motion for a re-hearing of the appeal
2002-04-03	Decision on the motion for a re-hearing of the appeal, CJ L'HD G Ia Ma Ba Bi Arb LeB, The motion for re-hearing is dismissed. Costs on the appeal are to the appellants in our Court and in the Courts below. Dismissed, costs in this Court and courts below
2002-04-03	Decision on motion to extend time, for rehearing, CJ L'HD G Ia Ma Ba Bi Arb LeB, The application for an extension of time is granted. Granted
2002-03-22	Submission of motion to extend time, for rehearing, CJ L'HD G Ia Ma Ba Bi Arb LeB
2002-03-22	All material on motion for a re-hearing of the appeal submitted to Justices, CJ L'HD G Ia Ma Ba Bi Arb LeB
2002-03-21	Correspondence received from, Alan L.W. D'Silva dated March 20/02 to inform the Court that he will not be filing any responding material for the motion for rehearing.	Fleming Chicks
2002-03-20	Correspondence received from, Alan L.W. D'Silva dated March 18/02 re extension of time	Fleming Chicks
2002-03-19	Correspondence received from, Martin Doane (by fax) dated March 19/02	Tom Dunmore
2002-03-13	Respondent's book of authorities, on response to motion for a re-hearing (12 copies), Completed on: 2002-03-13	Attorney General for Ontario
2002-03-13	Response to the motion for a re-hearing of the appeal, (book form - 12 copies) (proof of delivery requested), Completed on: 2002-03-13	Attorney General for Ontario
2002-03-13	Correspondence received from, A. D'Silva dated March 13, 2002 (fax copy) re: will file a response on motion for re-hearing by March 18, 2002	Fleming Chicks
2002-02-28	Motion to extend time, to file motion for rehearing, Completed on: 2002-02-28	Tom Dunmore
2002-02-28	Motion for a re-hearing of the appeal, book form (joint with a motion to extend time), Completed on: 2002-03-14	Tom Dunmore
2002-02-18	Record returned to the Registrar of the Court of Appeal
2002-01-28	Correspondence received from, Richard J.K. Stewart (by fax) dated Jan. 25/02 in response to Mr. Paliare's letter of Jan. 23/02	Attorney General for Ontario
2002-01-23	Correspondence received from, Chris G. Paliare (by fax) dated Jan. 23/02 to clarify the judgment on the issue of costs	Tom Dunmore
2002-01-21	Appeal closed
2002-01-17	Formal judgment sent to the registrar of the court of appeal and all parties
2001-12-28	Copy of formal judgment being prepared
2001-12-21	Notice of deposit of judgment sent to all parties
2001-12-20	Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeal is allowed with costs, Major J. dissenting. The Labour Relations and Employment Statute Law Amendment Act, 1995, S.O. 1995, c. 1, is declared unconstitutional to the extent that it gives effect to s. 3(b) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A. Section 3(b) of the Labour Relations Act, 1995 is declared unconstitutional. The declarations of invalidity are suspended for a period of 18 months. The constitutional questions are answered as follows: Question 1: Does s. 80 of the Labour Relations and Employment Statute Law Amendment Act, 1995, S.O. 1995, c. 1, limit the right of agricultural workers (a) to freedom of association guaranteed by s. 2(d) of the Canadian Charter of Rights and Freedoms; or (b) to equality before and under the law and equal benefit of the law without discrimination as guaranteed by s. 15 of the Charter? Answer: Section 80 of the Labour Relations and Employment Statute Law Amendment Act limits freedom of association guaranteed by s. 2(d) of the Charter to the extent that its effect is to re-subject agricultural workers to the exclusion clause found in s. 3(b) of the Labour Relations Act, 1995. L'Heureux-Dubé J. would answer in the affirmative. It is not necessary to answer the s. 15 question. Major J. would answer both questions in the negative. Question 2: Does s. 3(b) of the Labour Relations Act, 1995, S.O. 1995, c. 1, Sched. A, limit the right of agricultural workers (a) to freedom of association guaranteed by s. 2(d) of the Charter; or (b) to equality before and under the law and equal benefit of the law without discrimination as guaranteed by s. 15 of the Charter? Answer: Section 3(b) of the Labour Relations Act, 1995 limits the right of agricultural workers to freedom of association guaranteed by s. 2(d) of the Charter. It is not necessary to answer the s. 15 question. Major J. would answer both questions in the negative. Question 3: If the answer to any part of questions 1 or 2 is in the affirmative, is the limitation nevertheless justified under s. 1 of the Charter? Answer: No. Major J. finds it unnecessary to answer this question. Allowed, with costs
2001-07-13	Correspondence received from, C. Paliare re: notice of change of firm, from Gowling, Lafleur to Paliare, Roland, Rosenberg	Tom Dunmore
2001-03-05	Transcript received, (87 pages)
2001-03-02	Appeal court record, (1 box)
2001-02-19	Judgment reserved OR rendered with reasons to follow
2001-02-19	Hearing of the appeal, 2001-02-19, (V017-018), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved
2001-02-19	Acknowledgement and consent for video taping of proceedings
2001-02-16	Respondent's condensed book	Attorney General for Ontario
2001-02-15	Correspondence received from, S. Roussel en date du 15 février 2001 (télécopieur) re: les représentants n'entendent pas faire de représentation orale lors de l'audition	Attorney General of Quebec
2001-02-14	Notice of appearance	Fleming Chicks
2001-02-13	Book of authorities, Completed on: 2001-02-13	Attorney General of Alberta
2001-02-13	Order on motion for leave to intervene, (Oral argument of 15 minutes granted to C.L.C. and request for oral argument by Labour Issues Coordinating Committee is dismissed) (Major J.)
2001-02-12	Notice of appearance	Attorney General of Quebec
2001-02-09	Book of authorities, Completed on: 2001-02-09	Labour Issues Coordinating Committee (the "LICC")
2001-02-08	Intervener's factum, (served copy filed Feb. 9/01) (25 copies), Completed on: 2001-02-09	Attorney General of Alberta
2001-02-07	Correspondence received from, S. Barrett dated Feb. 7, 2001 (fax copy) re: responding to Mr. Stewart's letter dated Feb. 6, 2001	Canadian Labour Congress
2001-02-06	Correspondence received from, R.J.K. Stewart dated Feb. 6/01 re: Factum filed by Canadian Labour Congress	Attorney General for Ontario
2001-02-05	Book of authorities, Completed on: 2001-02-05	Canadian Labour Congress
2001-02-05	Intervener's factum, (REVISED FACTUM SERVED AND FILED FEB. 8/01), Completed on: 2001-02-05	Canadian Labour Congress
2001-02-05	Intervener's factum, Completed on: 2001-02-05	Labour Issues Coordinating Committee (the "LICC")
2001-01-17	Respondent's book of authorities, Completed on: 2001-01-17	Fleming Chicks
2001-01-09	Notice of hearing	Tom Dunmore
2001-01-08	Respondent's record, Completed on: 2001-01-08	Fleming Chicks
2001-01-08	Respondent's factum, Completed on: 2001-01-08	Fleming Chicks
2001-01-08	Decision on miscellaneous motion, Ma, by the Charter Committee on Poverty Issues for reconsideration of the decision of Major J. dated July 21, 2000, denying leave to intervene. Dismissed, no order as to costs
2001-01-08	Submission of miscellaneous motion, Ma
2001-01-03	Reply to miscellaneous motion, (book form), Completed on: 2001-01-03	Charter Committee on poverty issues ("CCPI")
2000-12-22	Response to miscellaneous motion, Completed on: 2000-12-22	Attorney General for Ontario
2000-12-22	Response to miscellaneous motion, Completed on: 2000-12-22	Tom Dunmore
2000-12-20	Notice of miscellaneous motion, (for reconsideration of Justice Major's order dated July 21, 2000 refusing intervention) - book form, Completed on: 2000-12-20	Charter Committee on poverty issues ("CCPI")
2000-12-06	Order on motion to adjourn the hearing of the appeal, (by the Court)
2000-12-06	Decision on miscellaneous motion, CJ, (see decision on the motion to adjourn). Dismissed, no order as to costs
2000-12-06	Decision on motion to extend time, CJ, (see decision on the motion to adjourn). Allowed in part, no order as to costs
2000-12-06	Decision on motion to adjourn the hearing of the appeal, CJ, 1) The motion on behalf of the appellants for an order requiring the respondent Fleming Chicks to file its factum by Nov. 30, 2000 is dismissed. 2) The motion on behalf of the respondent Fleming Chicks for an order adjourning the hearing of the appeal is dismissed. 3) The respondent Fleming Chicks shall serve and file its factum and record on or before January 8, 2001. Dismissed, no order as to costs
2000-12-05	Submission of motion to adjourn the hearing of the appeal, CJ
2000-12-05	Submission of motion to extend time, CJ
2000-12-05	Submission of miscellaneous motion, CJ
2000-12-05	Response to the motion to adjourn the hearing of the appeal, (Letter Form), from Burke-Robertson dated Dec. 5/00 (by fax), Completed on: 2000-12-05	Attorney General for Ontario
2000-12-04	Reply to motion to extend time, (Letter Form), (joint with Reply to Motion to Adjourn), Completed on: 2000-12-04	Fleming Chicks
2000-12-04	Reply to the motion to adjourn the hearing of the appeal, (Letter Form), from A.W. D'Silva dated Dec. 4/00 (by fax) (joint with Reply to Motion to Extend Time), Completed on: 2000-12-04	Fleming Chicks
2000-12-01	Response to motion to extend time, (Letter Form), (joint with Response to the Motion to Adjourn), Completed on: 2000-12-01	Tom Dunmore
2000-12-01	Appeal hearing scheduled, 2001-02-19 Judgment reserved
2000-12-01	Response to the motion to adjourn the hearing of the appeal, (Letter Form), (joint with Motion to Extend Time), Completed on: 2000-12-01	Tom Dunmore
2000-11-27	Motion to adjourn the hearing of the appeal, (to Spring 2001)(book form), Completed on: 2000-11-27	Fleming Chicks
2000-11-27	Motion to extend time, to file the respondent's record to Jan. 12, 2001 (book form), Completed on: 2000-11-27	Fleming Chicks
2000-11-24	Book of authorities, Completed on: 2000-11-24	Attorney General of Quebec
2000-11-24	Intervener's factum, Completed on: 2000-11-24	Attorney General of Quebec
2000-11-22	Response to miscellaneous motion, (Letter Form), from Burke-Robertson dated Nov. 22/00 (by fax), Completed on: 2000-11-22	Attorney General for Ontario
2000-11-21	Notice of miscellaneous motion, by the Appellants requiring the Respondent Fleming Chicks to file its Factum by the end of Nov./00 (1 copy), Completed on: 2000-11-21	Tom Dunmore
2000-11-17	Decision on motion to extend time, Reg, to serve & file the record and factum of the respondent Attorney General for Ontario to Oct. 30, 2000, and its book of authorities to Nov. 6, 2000. Granted, no order as to costs
2000-11-17	Submission of motion to extend time, Reg
2000-11-15	Correspondence received from, (by fax) C.G. Paliare; re: hearing dates	Tom Dunmore
2000-11-14	Correspondence received from, (by fax) Alan L.W. D'Silva; replying to Mr. Paliare's letter; re: hearing dates	Fleming Chicks
2000-11-10	Correspondence received from, Alan L. W. D'Silva (by fax); re: dates for the hearing of the appeal	Fleming Chicks
2000-11-07	Order on motion for leave to intervene
2000-11-07	Decision on the motion for leave to intervene, Ma, and extension of time of the CANADIAN LABOUR CONGRESS. The factum is limited to 20 pages. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and interveners (15 MINUTES ORAL ARGUMENT GRANTED - Feb. 13/01). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to rule 18(6) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted, no order as to costs
2000-11-07	Submission of motion for leave to intervene, Ma
2000-11-06	Respondent's book of authorities, (extension of time requested), Completed on: 2000-11-06	Attorney General for Ontario
2000-10-30	Motion to extend time, to file the factum and record to Oct. 30/00 and the Authorities to Nov. 6/00 - 1 copy (Amended Notice of Motion filed Nov. 7/00), Completed on: 2000-10-30	Attorney General for Ontario
2000-10-30	Respondent's record, (vol. 1 and 2), Completed on: 2000-10-30	Attorney General for Ontario
2000-10-30	Respondent's factum, Completed on: 2000-10-30	Attorney General for Ontario
2000-10-19	Appeal perfected for hearing, Session beginning on 2001-01-15
2000-10-04	Response to the motion for leave to intervene, (Letter Form), from K. Collins dated Oct. 4, 2000 (fax copy) re: takes no position with respect to the intervention by Can. Labour Congress, Completed on: 2000-10-04	Attorney General for Ontario
2000-09-27	Response to motion to extend time, from Gowling, Strathy re: intervention by CLC, Completed on: 2000-09-27	Tom Dunmore
2000-09-26	Motion to extend time, to file the motion to intervene (joint with motion to intervene, Completed on: 2000-09-26	Canadian Labour Congress
2000-09-26	Motion for leave to intervene, (joint with extension of time) - 2 copies - book form, Completed on: 2000-09-26	Canadian Labour Congress
2000-09-06	Order on motion to extend time
2000-09-06	Decision on motion to extend time, to serve and file the appellant's factum, record and book of authorities to Aug. 31, Reg Granted, no order as to costs
2000-09-06	Submission of motion to extend time, Reg
2000-09-01	Response to motion to extend time, (fax copies), Completed on: 2000-09-01	Attorney General for Ontario
2000-09-01	Motion to extend time, to file the record, factum and authorities to Aug 31, 2000 - 1 copy, Completed on: 2000-09-01	Tom Dunmore
2000-08-28	Notice of intervention respecting a constitutional question	Attorney General of Quebec
2000-08-25	Notice of intervention respecting a constitutional question	Attorney General of Alberta
2000-08-24	Appellant's book of authorities, Vol. I & II, Completed on: 2000-08-24	Tom Dunmore
2000-08-24	Appellant's record, Vol. I to III, Completed on: 2000-08-24	Tom Dunmore
2000-08-24	Appellant's factum, (extension of time requested for Factum, Record & Authorities), Completed on: 2000-08-24	Tom Dunmore
2000-07-21	Order on motion for leave to intervene, (by the Court)
2000-07-21	Decision on the motion for leave to intervene, Ma, by the LABOUR ISSUES COORDINATING COMMITTEE. The factum is limited to 20 pages in length and the motion to introduce new evidence is dismissed. The request to present oral argument is deferred to a rota judge following receipt and consideration of the written arguments of the parties and interveners (REQUEST FOR ORAL ARGUMENT DISMISSED - Feb. 13/01). The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum. Pursuant to rule 18(6) the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by the intervention. Granted, no order as to costs
2000-07-21	Decision on the motion for leave to intervene, Ma, by the CHARTER COMMITTEE ON POVERTY ISSUES. Dismissed, no order as to costs
2000-07-21	Submission of motion for leave to intervene, by CCPI and LICC, Ma
2000-07-18	Notice of constitutional question(s)	Tom Dunmore
2000-07-18	Order on motion to state a constitutional question
2000-06-20	Decision on the motion to state a constitutional question, Bi, by the appellants is granted (for questions see long judgment). Notices of intervention are to be filed no later than August 28, 2000 Granted, no order as to costs
2000-06-14	Submission of motion to state a constitutional question, Bi
2000-06-12	Reply to the motion for leave to intervene, by CCPI to the response of the respondent Attorney General of Ontario (by fax) (2 copies filed June 14/00 with service - book form), Completed on: 2000-06-12	Charter Committee on poverty issues ("CCPI")
2000-06-12	Response to the motion for leave to intervene, by the appellant to the intervention by the Labour Issues Coordinating Committee, Completed on: 2000-06-12	Tom Dunmore
2000-06-07	Response to the motion for leave to intervene, from C.G. Paliare dated June 7/00 re: in response to A.G. Ontario's response to CCPI's motion to intervene (1 copy - book form), Completed on: 2000-06-07	Tom Dunmore
2000-06-07	General proceeding, telephone conversation with B. Porter re: will file reply to motion by June 9/00	Charter Committee on poverty issues ("CCPI")
2000-06-01	Response to the motion for leave to intervene, (responding to the Charter Committee on poverty issues' intervention) - book form, Completed on: 2000-06-01	Attorney General for Ontario
2000-05-30	Response to the motion for leave to intervene, (Letter Form), from R. Stewart dated May 30, 2000 (joint)(fax copy), Completed on: 2000-05-30	Attorney General for Ontario
2000-05-30	Response to the motion to state a constitutional question, (Letter Form), from R. Stewart dated May 30, 2000 (fax copy) (joint consent of the intervention by Labour Issues Co-ordinating), Completed on: 2000-05-30	Attorney General for Ontario
2000-05-24	Motion for leave to intervene, (2 copies - book form), Completed on: 2000-05-24	Charter Committee on poverty issues ("CCPI")
2000-05-23	Motion for leave to intervene, (joint with motion to introduce new evidence)(book form), Completed on: 2000-05-23	Labour Issues Coordinating Committee (the "LICC")
2000-05-23	Response to the motion to state a constitutional question, Completed on: 2000-05-23	Attorney General for Ontario
2000-05-23	Motion to state a constitutional question, Completed on: 2000-05-23	Tom Dunmore
2000-03-29	Notice of deposit for security	Tom Dunmore
2000-03-28	Letter acknowledging receipt of notice of appeal
2000-03-24	Notice of appeal, (receipt no. 2517 for $500.00), Completed on: 2000-03-24	Tom Dunmore
2000-03-07	Order granting leave to appeal
2000-02-25	Notice of deposit of judgment issued to all parties
2000-02-24	Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs
2000-01-24	All materials on application for leave submitted to the Judges, L'HD Ba LeB
1999-05-07	Applicant's reply to respondent's argument, Completed on: 1999-05-07	Tom Dunmore
1999-04-29	Respondent's response on the application for leave to appeal, Completed on: 1999-04-29	Attorney General for Ontario
1999-04-29	Letter acknowledging receipt of a complete application for leave to appeal
1999-04-28	Letter acknowledging receipt of an incomplete application for leave to appeal
1999-03-29	Application for leave to appeal, vols. 1 and 2 (formal order of C.A. received on May 7, 1999), Completed on: 1999-05-10	Tom Dunmore

Parties

Main parties

Main parties - Appellants

Name	Role	Status
Dunmore, Tom	Appellant	Active
Salame Abdulhamid and Walter Lumsden and Michael Doyle, on their own behalf and on behalf of the United Food and Commercial Workers International Union	Appellant	Active

v.

Main parties - Respondents

Name	Role	Status
Attorney General for Ontario	Respondent	Active
Fleming Chicks	Respondent	Active

Other parties

Other parties

Name	Role	Status
Labour Issues Coordinating Committee (the "LICC")	Intervener	Active
Attorney General of Alberta	Intervener	Active
Attorney General of Quebec	Intervener	Active
Canadian Labour Congress	Intervener	Active

Counsel

Summary

Filed documents

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